Сутність принципу пропорційності при обробці персональних даних особи / Essence of the Principle of Proportionality in the Processing of Person’s Personal Data
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 54, Issue
Abstract
The work carried out research of the basic principles ensuring the real realization of the human right to protection of personal data. The principle of proportionality is analyzed in detail. It should be applied at all stages of processing personal data and is a guarantee of observance of human rights while working with his personal information. For example, even with legitimate processing authority and the consent of the subject of personal data, such activity may be deemed illegal if the relevant purpose could be achieved without processing personal data, and if the entity's agreed procedure for collecting and processing personal data is inherently do not need to achieve the goal. In such circumstances, processing should be qualified as illegal, given its disproportionate nature. Therefore, there is a violation of the legal requirements for the protection of personal data. The work emphasizes the necessity of observing the principle of proportionality and when assessing the legitimacy of interference in a person's right to his personal data. In this context, the analysis of the provision of part 2 of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms since 1950, which states that interference with the right to inviolability and respect for private life is possible, provided it is based on law, pursues legitimate aims and is necessary to achieve this goal. Since certain factors of this norm are not sufficiently defined and allow for a broad understanding of them at the national level, the case law of the European Court of Human Rights has been explored, whose interpretation and enforcement in specific case-law are mandatory for Ukraine. Numerous judicial decisions of the ECHR in this sphere have been studied. It was established that the Court, applying the rule on the need for a legal justification for intervention, in the content of this principle includes requirements for the very legal acts. First, based on the principle of fairness and transparency of data processing, the relevant legal acts should be accessible and clear. Secondly, the requirements also concern the quality of the law. It must be concrete, definite, which enables the person to foresee the consequences for him. Also, the law as a legal basis for intervention through unauthorized processing of data must comply with the rule of law. The legal approaches of the European legislation and practice of the ECtHR concerning the real certainty of the concepts "legitimate aim" and "necessity in a democratic society" are also investigated, which are also decisive for assessing the legitimacy of the intervention. The paper points to the existing shortcomings and problems in the Ukrainian legal system, as evidenced, in particular, by the ECtHR judgments against Ukraine. Specific recommendations are given to improve the state of regulatory and law enforcement activities in the study area.
Authors and Affiliations
Petro Guyvan
Keywords
Related Articles
- EP ID EP625741
- DOI -
- Views 152
- Downloads 0
Європейські стандарти як шляхи удосконалення діяльності публічних службовців / European Standards as Ways for Improvement of Public Servants’ Activities
The article examines the current state of activity of public authorities and their servants, examining European standards through the prism of regulatory legal regulation, discloses their role in the activities of public...
Кризис карательной парадигмы исполнения наказаний /
The article is devoted to the consideration of theoretical, doctrinal approaches to the question of the execution of criminal penalties. The purposes of punishment and criminal-executive activity are considered, mechanis...
Європейські соціальні стандарти: сучасний стан та шляхи імплементації у соціальне законодавство України / European Social Standards: the Current State and Ways of Implementation in the Social Legislation of Ukraine
In the article the current state of European social standards is considered. Their author definition is given. Their specifics are characterized. It has been established that European social standards are an ordered set...
Особливості визначення об’єкта цивільних прав / Features of Determination of the Object of Civil Rights
The article deals with the definition of the concept of objects of civil rights. It is noted that civil law is in one way or another connected with tangible and intangible benefits. Without them, the legislative area los...
Ратифікація Стамбульської Конвенції як спосіб утвердження гендерної рівності в суспільстві: проблеми українського законодавства / Ratification of Istanbul Convention as a Way of Affirmation of Gender Equality in Society: Problems of Ukrainian Legislation
This article is devoted to the problem of woman rights, gender equality and gender discrimination in society. The author affirms that the disparity between women and men is a consequence of some historical processes, tra...